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I Object! A Blog on Preservation of Error

January 2017

January 25, 2017 4:44 PM | Posted by Matthew J. Conigliaro | Permalink
TipsYour opponent files a motion for summary judgment. At a hearing on the motion, you point to an affidavit in the record to show that material questions of fact exist. Long before your opponent moved for summary judgment, you had filed that affidavit along with a notice stating your intent to rely upon the affidavit “for any purpose” permitted by the rules of civil procedure and the rules of evidence. read more
January 3, 2017 9:57 AM | Posted by Joseph H. Lang, Jr. | Permalink
TipsOn November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys with the trial judge, there is a continuing obligation to object; the timing of objections to jury instructions and verdict form can sometimes take on more importance than the fact of an objection at the start. See In re Nexium (Esomeprazole) Antitrust Litigation, 842 F.3d 34, 59 (1st Cir. 2016). read more